This post summarizes the published criminal opinions from the North Carolina Court of Appeals released on August 6, 2025.
The State presented sufficient evidence to establish that a hammer was used as a dangerous weapon to support conviction for robbery with a dangerous weapon.
State v. Blackburn, No. COA24-1016 (N.C. Ct. App. Aug. 6, 2025). The victim was sleeping in his Mazda as he did every night when he was awakened by banging on the outside of his car. Two men pulled the victim from the car and held a gun to his head. Three men threatened to shoot him if he didn’t hand over his money, and when the victim stated he didn’t have any money, the men pushed him against the car facing the vehicle, and one of the men hit the victim with a hammer. The defendant stated he hit the victim with a hammer on the back of the victim’s shoulder, while the victim testified that he was hit on the back of the head and neck, fell to the ground, and lost consciousness for a short period. When he came to, he saw the men driving away in the Mazda. The defendant was apprehended near the stolen vehicle later that night. The defendant was convicted of robbery with a dangerous weapon and conspiracy to commit robbery with a dangerous weapon after a jury trial.
